Township of Barnegat, NJ
Ocean County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Barnegat 3-6-2018 by Ord. No. 2018-06. Amendments noted where applicable.]
ANIMAL CARE FACILITY
An animal control center or animal shelter, maintained by or under contract with any state, county or municipality, whose mission and practice is, in whole, or significant part, the rescue and placement of animals in permanent homes.
BREEDER
A person who keeps houses or maintains dogs or cats for the purpose of breeding and selling their offspring.
[Added 5-7-2019 by Ord. No. 2019-10]
BROKER
A person who transfers dogs or cats for resale by another.
[Added 5-7-2019 by Ord. No. 2019-10]
CAT
A member of a species of domestic cat, Felis catus.
DOG
A member of a species of domestic dog, Canis familiaris.
OFFER FOR SALE
To sell, offer for sale or adoption, advertise for the sale of, barter, auction, give away or otherwise dispose of a dog or cat.
PET DEALER
Any individual or establishment maintaining, owning, or operating an animal facility or engaging in the sale of animals to the public in a store or through the internet, including a breeder, dealer, or pet shop. Pet dealers may only sell out of their homes if those dogs or cats were also bred and raised on the premises.
[Added 5-7-2019 by Ord. No. 2019-10]
PET SHOP
A retail establishment where dogs and cats are sold, exchanged, bartered or offered for sale as pet animals to the general public at retail. Such definition shall not include an animal care facility or animal rescue organization, as defined.
RESCUE ORGANIZATION
A not-for-profit organization that has tax-exempt status under Section 501(c)(3) of the United States Internal Revenue Code whose mission and practice is the rescue and rehoming of homeless or abandoned dogs and cats and the placement of those dogs or cats in permanent homes.
[Added 5-7-2019 by Ord. No. 2019-10]
No pet store shall sell, deliver, offer for sale, barter, auction, give away or otherwise transfer or dispose of cats or dogs. Nothing in this section shall prohibit stores from collaborating with animal care facilities or animal rescue organizations to offer space for such entities to showcase adoptable dogs and cats.
[Added 5-7-2019 by Ord. No. 2019-10]
An animal rescue organization operating in the Township must be a not-for-profit organization that has tax-exempt status under Section 501(c)(3) of the United States Internal Revenue Code whose mission and practice is the rescue of homeless or abandoned dogs and cats and the placement of those dogs or cats in permanent homes. An animal rescue organization may not breed dogs or cats, obtain dogs or cats from a breeder or broker in exchange for payment or compensation, or resell dogs or cats obtained from a breeder or broker and provide compensation to such breeder or broker. An animal rescue organization must keep a record of each dog or cat offered for adoption that must include the name and address of the person or entity whom the dog or cat was obtained from. All puppies and kittens offered for adoption by a rescue organization operating within the Township must provide proof of spayed or neutered certification by a licensed veterinarian prior to being released for adoption. Such records must be kept on file for two years and made available to the Township, or a representative of the Township, upon request.
[Added 5-7-2019 by Ord. No. 2019-10]
Any person violating or failing to comply with any other provision of this chapter shall, upon conviction thereof, be punishable by a fine not less than $100 and not more than $500, by imprisonment not to exceed 90 days, or by community service of not more than 90 days, or any combination of fine, imprisonment and community service, as determined in the discretion of the Municipal Court Judge. The continuation of such violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished as provided above for each separate offense.